Deeplinks Blog posts about Patents

Legend has it that trolls turn to stone when faced with sunlight. That’s why yesterday, EFF filed a motion in the Eastern District of Texas (a favorite jurisdiction for patent trolls) to intervene and unseal documents in a patent infringement case. In the motions, EFF argues that the plaintiff’s infringement contentions (the documents that lay out, step-by-step, why the defendant’s product is allegedly infringing the patent) are improperly sealed from public scrutiny.

Yesterday, EFF filed an amicus brief at the Federal Circuit urging it to confirm that U.S. Patent No. 6,585,516 improperly claims ineligible abstract ideas. In the brief, we argue that the patent on using picture menus stored in a database to create meals should never have been granted in the first place. But more importantly, EFF argues that the Federal Circuit should confirm that quick, early decisions as to patent eligibility are vital to clearing our system of bad patents.

Ever wanted to own the latest in “teamwork” technology? Well, you’re in luck. On December 8, Penn State is holding a large patent auction, and one of the items is U.S. Patent 8,442,839. This patent purports to describe an improved collaborative “decision-making process.” As well as being a good example of a silly patent, this month’s winner highlights concerns with universities trying to monetize their patent portfolio. Why would a university, which presumably has a mission of promoting knowledge and innovation, sell an unsuccessful patent that has no value except to a troll?

On September 9, 2009, a patent troll called Ultramercial sued a bunch of Internet companies alleging infringement of U.S. Patent 7,346,545. This patent claims a method for allowing Internet users to view copyrighted material free of charge in exchange for watching certain advertisements. Yes, you read that correctly. Ultramercial believed that it owned the idea of showing an ad before content on the Internet.

Update December 8, 2014: Today EFF, together with Engine Advocacy, filed public comments regarding the FTC's proposed consent agreement with MPHJ. We commend the FTC for taking action against this troll's deceptive conduct. At the same time, we urge the FTC to seek real penalties, such as disgorgement of licensing revenues secured through deception. We also request that the FTC take action against similar trolls such as the Innovatio IP Ventures, which sent thousands of deceptive letters to hotels and cafes demanding payment for using off-the-shelf Wi-Fi routers.